When someone tries to attack you and there is no way to escape the situation, sometimes the only solution is to fight violence with violence. If you are facing assault charges, self-defense can be an effective defense in your case. Contact a Montgomery County assault lawyer for more information and to discuss your case today.
What are the Penalties for Assault in PA?
Assault can be charged as a misdemeanor or felony depending on the details of the situation. As a first-degree misdemeanor, you could face up to 5 years in prison and fines of up to $10,000. If you are being charged with first-degree felony assault, you could be looking at up to 20 years in prison and fines up to $25,000.
Because the potential penalties are so severe, understanding your various options for defensive strategies is crucial when facing assault charges.
What is Self Defense?
Under Pennsylvania Statute Title 18 Pa.C.S. § 505, there are two recognized forms of self-defense: justified use of force and use of deadly force.
Self-defense that uses a justified use of force occurs when an individual believes that their force is immediately necessary for the purpose of protecting themselves against another person’s use of unlawful force. Essentially, if a person is being attacked or unlawfully touched by another person, they can use force to defend themselves if they reasonably believe that it is necessary to protect themselves. The danger they are in must be imminent.
Self-defense may also require a justified use of deadly force. Deadly force is any force that is likely to cause serious bodily harm or death to the other person. This type of self-defense may be necessary if a person is under imminent threat and reasonably believes that their attacker intends to seriously injure, kidnap, sexually assault, or kill them.
Is Self-Defense an Effective Defense Against Assault Charges in PA?
Yes, self-defense can be considered an effective defense against assault charges in Pennsylvania under certain circumstances. If you are being charged with assault but the violence and force you exerted was in protection of yourself or others, self-defense can be a compelling defensive strategy.
Pennsylvania, along with defining self-defense, enforces the Stand Your Ground law, meaning that individuals who are in a place where they have a right to be and are not engaged in criminal activity are permitted to use force in self-defense and have no obligation to retreat.
With the help of your attorney, you can implement self-defense as a defense in your case. This can be done in a variety of ways but providing irrefutable evidence demonstrating that your use of force was in self-defense is crucial. Surveillance footage of the altercation and eyewitness testimony can be influential in an assault case.
You and your lawyer can work to prove that there was an imminent threat against you and you reasonably believed that your use of force was justified. For more information and to obtain skilled representation during your case, contact an experienced attorney at Cohen & Patel today.
